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  5. 133 A.D.2d 619 (1987)
 

PHILSON PAINTING CO., INC. v. BD. OF EDUC. OF THE CITY OF NEW YORK

133 A.D.2d 619 (1987)

Philson Painting Co., Inc., Appellant, v. Board of Education of the City of New York, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 5, 1987

Ordered that the order is affirmed insofar as appealed from, with costs.

Compliance with Education Law § 3813 is a condition precedent to the commencement of an action against the Board of Education (see, Public Improvements v Board of Educ., 56 N.Y.2d 850). This statutory mandate requires that a notice of claim be filed within 90 days after the accrual of a cause of action. It is well established that a claim...

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